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(영문) 인천지방법원 2018.12.21 2018고단7837

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On July 21, 2016, the Defendant was sentenced to one year and six months of imprisonment with labor for violating the Electronic Financial Transactions Act at the Busan District Court on May 11, 2017, and completed the execution of the sentence. On November 17, 2017, the Defendant was sentenced to ten months of imprisonment with labor for violating the Electronic Financial Transactions Act and completed the execution of the sentence on July 19, 2018.

[ criminal facts] No person shall keep, deliver or distribute access media for electronic financial transactions while knowing that such media will be used for the purpose of receiving, demanding, or promising payment.

Nevertheless, on September 2018, the Defendant: (a) knew that the Defendant was a member of the criminal organization that manages smartphone hosting c, “C”, “D”, “E”, “F”, etc.; and (b) made use of the phone name “H”, etc. in “G” for smartphone-rating operations; (c) obtained or delivered cash cards under the name of the Defendant to collect or deliver them from the Nonindicted Party 1 to 810,000 won per cash card; and (d) withdrawn the cash cards from the Defendant’s personal information manager or the Defendant’s personal information manager’s personal information manager to take charge of the crime of telecommunications fraud (i.e., one-person’s inducement, concealment of damaged funds; (d) collect and deliver the cash cards under the name of another person to be used in Bosing c; and (e) withdraw the cards from the Defendant’s personal information manager’s personal information manager or his personal information manager’s personal information manager’s personal information manager’s personal information manager’s instructions; and (e) withdraw the cards from the Defendant’s personal information manager’s personal information.

In the process, the above-mentioned employee in the light of the name of the licensing shall transfer the access media, such as cash cards and passwords, to the J around the beginning of October 2018.